{"id":4716,"date":"2016-04-04T10:47:40","date_gmt":"2016-04-04T15:47:40","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/smallbusiness\/employment-law-and-human-resources\/firing-an-employee-faq.html"},"modified":"2024-06-06T05:06:04","modified_gmt":"2024-06-06T10:06:04","slug":"firing-an-employee-faq","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/smallbusiness\/employment-law-and-human-resources\/firing-an-employee-faq.html","title":{"rendered":"Firing an Employee – FAQ"},"content":{"rendered":"\n
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Firing an Employee – FAQ<\/h1>\n
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\n By Susan Buckner, J.D.<\/a> | Legally reviewed by Aviana Cooper, Esq.<\/a>\n | Last updated\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

Whether you are a small business owner or CEO of a Fortune 500 company, firing someone is never an easy task. There are numerous federal and state laws you must follow to avoid a wrongful termination<\/a> lawsuit. Other laws affect things as mundane as when employees must receive their final paycheck. This article answers some of the most frequently asked questions about firing an employee<\/a>.<\/p>\r\n

How can I minimize legal liability when firing an employee?<\/h2>\r\n

The best way to minimize liability is by creating a process and sticking to it. When terminating an employee for cause, you should have all your supporting documentation prepared. Follow your company policy regarding verbal and written warnings and have copies ready for the termination meeting.<\/p>\r\n

The Equal Employment Opportunity Commission<\/a> (EEOC) provides guidance for small businesses on firing employees. Remember, you cannot base termination on an employee’s membership in a protected class, such as race, religion, gender, or national origin. You cannot discharge employees for engaging, participating, or acting as witnesses in an EEOC investigation.<\/p>\r\n

Keep all records, including employee termination records, available for a reasonable time after the firing in case of legal action.<\/p>\r\n

Can I fire an employee for any reason at all?<\/h2>\r\n

At-will employment is a widely misunderstood concept. Despite the general belief, an employer in an at-will state cannot fire an employee just because they felt like it that day.<\/p>\r\n

Even in an at-will state, employers must use good faith when terminating employees. Let’s say the employee signed a contract, or the employee handbook contains a disciplinary process leading to termination. In that case, you and the worker may have an implied contract that requires you to follow the entire termination process.<\/p>\r\n

In addition, state and federal laws prohibit firing an employee:<\/p>\r\n